Disclosure of Classified Information—B-2 Stealth Bomber

Somewhat lost in the commotion surrounding Scooter Libby’s Friday indictment was the announcement that a former engineer for Northrop was accused of passing secret technology to three foreign governments.^[1] According to the FBI, Noshir S. Gowaida, who was an engineer who worked on the B-2 stealth bomber’s propulsion system, “has marketed himself to foreign military entities and other foreign persons and disclosed United States military technology secrets related to the B-2 to foreign governments in order to ‘assist’ them in obtaining a higher level of military technology.”^[2]

According to an affidavit, “on October 23, 2002, [Mr.] Gowaida faxed a document containing details for developing infrared technology for a foreign military aircraft to a foreign official in Country “A”. This document, which was a proposal for infrared suppression, was determined to be classified at the Top Secret level.”^[3] Mr. Gowaida is also accused of doing the same with two other countries. His son vehemently protests that Mr. Gowaida is innocent: “The man bleeds red, white and blue for this country and he has done a lot of things that have saved a lot of American military lives.”^[4]

Mr. Gowaida is being charged under 18 U.S.C. § 793(e), which makes it a crime for a person who has “unauthorized possession of” or “access to” any documents or plans that relate to the national defense, which he has reason to believe could be used to the injury of the United States or to the benefit of any foreign nation, to deliver that information to any person not entitled to receive it.

A violation of this section is punishable by a fine, imprisonment for up to 10 years, or both.

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[1] FBI Alleges Engineer Passed B-2 Bomber Secrets to Foreign Governments, Agence France-Presse, Oct. 28, 2005, available here.
[2] FBI, Press Release, Oct. 26, 2005, available here.
[3] Id.
[4] Curtis Lum, Accused Maui Man a ‘Hero,’ Son Says, Honolulu Advertiser, Oct. 29, 2005, available here.